When consumers purchase products, they expect that when they use them, they are not only effective but also safe. Unfortunately, this does not always happen and when products harm consumers, it can happen unexpectedly, which can make the injuries even worse.
Victims can take manufacturers and others responsible for the sale of the goods to court to claim compensation, but they do have a burden of proof upon them. For this reason, it is important that victims contact a London defective products lawyer that can help them with their case. A skilled personal injury lawyer experienced in a variety of liability cases can help their client to pursue appropriate damages in their claim.
Our defective products lawyers can meet with you in London for a free initial consultation. Call 1-877-573-3563
Types of Defects
There can be many different defects in products, but they will each fall into one of three categories. These include design defects, manufacturing defects, or failure to warn.
Design defects are flaws that occur in the planning stages before a product is even manufactured. The manufacturer must have known, or reasonably known, about the flaw in the design and have had another alternative to the design of the product.
For instance, if a fan manufacturer included a guard on the front of the fan, but the guard had a gap of four inches and a child’s fingers slipped through the guard and caused injury, this would be a viable claim for the defective fan.
Manufacturing defects occur during the process of actually making the product. A good example of a manufacturing defect is the faulty ignition switches released by General Motors. These ignition switches were found to automatically shut the engine off while vehicles were in operation, causing many problems, including preventing the airbags from inflating. Class action suits were filed for these defective products and were won.
Failure to Warn
Failure to warn is the last type of common defective product claim in London, and this occurs when the manufacturer has failed to state certain risks inherent with using a product. For instance, if a chainsaw manufacturer failed to warn that the product had a sharp blade, or that users should use the chainsaw in a ventilated area due to toxic gas emissions, consumers could have a valid claim for a defective product.
Simply using a product improperly does always guarantee that a claim for a defective product may be valid. When consumers have been injured by a product they believe may be defective, it is important they speak to a defective products lawyer in London.
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Proving Negligence in Product Liability Cases
The Canada Consumer Product Safety Act provides guidelines for manufacturers and retailers about the creation and sale of products in order to keep all consumers safe. When manufacturers and retailers have not adhered to these guidelines, they may be found negligent for not acting in a reasonable manner in order to keep those who use their products safe.
Consumers that have been injured by a product must prove that the product was in fact defective. In the case of the chainsaw for instance, if the consumer did not pay attention to the safety guidelines included with it and was injured as a result of not using it properly, it does not mean that the product was defective. In these instances, the consumer could be found at fault for the injury and not the manufacturer.
Once a defect has been found, the consumer must then also prove that the defect caused an injury. If there is no injury, there will be nothing to compensate and so, these cases would not be considered to be valid product liability cases.
How a London, Ontario Defective Products Lawyer Can Help
Cases involving defective products can be very complicated, especially for consumers that are not familiar with this area of law. For this reason, it is essential that injured individuals contact a London defective products lawyer that can help them with their case.